Frank Edgar Co. v. Railway Express Agency, Inc.

This is an action by the consignee of a shipment of flower plants, to recover damages arising from its injury by freezing while in transit between Urbana, Ohio, and Waltham, in this Commonwealth.

This action is described in the writ as an action of “contract and tort.”

The plaintiff’s declaration is as follows:

“Now comes the Plaintiff and for its declaration, says that on or about December 29,1943, he purchased from Louis Dank of Urbana, Ohio, One Thousand.Five Hundred (1500) Nephthytis Liberica plants; that on or about January 1, 1944, he entered into a contract of carriage with the Defendant…